Book Now Search legal help…
For Lawyers
24-Hour Legal Advice

Legal Hotline United States New Hampshire Criminal Defense

LIVE NOW — FREE — 24/7

Charged With a Crime in New Hampshire? Don't Say Anything Until You Understand Your Rights

If you've been arrested in Manchester, Nashua, Concord or anywhere in New Hampshire, the hours after a charge are when people do the most damage to their own case, usually by talking. New Hampshire's Criminal Code (RSA 625 through 651) moves fast, and a felony arraignment can set bail conditions and a probable-cause hearing before you've spoken to anyone. Call 1-844-690-0555 now for free legal information, any hour, in plain English. It's not legal advice and creates no attorney-client relationship, but it tells you what you're facing and what to do next.

Free 24/7
New Hampshire Criminal Defense
Real Attorneys
Instant Answers

Free legal information. Not legal advice. Available 24/7 across New Hampshire.

Criminal Defense in New Hampshire — what to do right now

Stay calm and stay quiet. In New Hampshire you have the right to remain silent and the right to a lawyer, so say clearly: 'I am invoking my right to remain silent and I want a lawyer,' then stop talking, even to friends and even on the recorded jail phone. Do not consent to searches of your car, phone or home. Write down everything you remember while it's fresh: officers' names, what was said, witnesses. If you're given a court date or bail conditions, follow them exactly, missing a New Hampshire arraignment or breaching bail can mean a new charge and detention. Then call 1-844-690-0555 for free information on your specific charge before you make any statement or decision.


The law in New Hampshire: Criminal Defense

Every crime in New Hampshire is graded under RSA 625:9 and sentenced under RSA 651:2. There are two felony classes and two misdemeanor classes, plus violations. A Class B misdemeanor (the lowest crime) carries no jail at all, only a fine up to $1,200. A Class A misdemeanor can mean up to 1 year in the county house of correction and a $2,000 fine. A Class B felony exposes you to up to 7 years in state prison and a $4,000 fine; a Class A felony, up to 15 years and a $4,000 fine. A 'violation' (RSA 625:9) is not a crime, carries no jail and no criminal record, which is why what the prosecutor agrees to call your offense matters enormously.

New Hampshire splits criminal cases between two trial courts. Misdemeanors and violations are handled in the Circuit Court, District Division, with roughly 34 locations across the state's 10 circuits. Felonies start there too, but only for a preliminary probable-cause stage, then they are 'bound over' to the Superior Court, which has 11 locations and is the only court in New Hampshire that holds jury trials. Appeals go to the New Hampshire Supreme Court in Concord, the state's single appellate court. The statewide court information line is 1-855-212-1234.

At a misdemeanor arraignment you enter a plea; at a felony arraignment in the District Division no plea is taken, you're given notice of a probable-cause hearing and bail is addressed. New Hampshire overhauled its bail laws in 2025, tightening release for serious and violent offenses and requiring prompt judicial review of detention; bail and conditions are governed by RSA 597. If you're held, you have a right to a swift detention hearing. What happens at that first appearance, what you say, what conditions you accept, shapes the entire case.

Two New Hampshire rules can dramatically increase exposure. Under RSA 651:2, II-g, a felony committed with a firearm used as a deadly weapon can carry up to 20 years' imprisonment in place of the ordinary sentence. And under RSA 651:6, the extended-term statute, prior felony convictions and prison terms can push a felony all the way to a 10-to-30-year sentence. These are the difference between a recoverable mistake and a decade-plus inside, which is why early advice matters.

Key Statutes (RSA)

  • RSA 625:9 - Classification of crimes (felony A/B, misdemeanor A/B, violations)
  • RSA 651:2 - Sentences and limitations (prison terms and fines by class)
  • RSA 651:5 - Annulment (sealing) of criminal records
  • RSA 651:6 - Extended term of imprisonment for repeat/serious offenders
  • RSA 627 - Justification, including self-defense and defense of premises
  • RSA 597 - Bail and recognizances

Courts & Agencies

  • Circuit Court, District Division - misdemeanors, violations, felony probable-cause stage (~34 locations)
  • Superior Court - felony trials and all jury trials (11 locations)
  • New Hampshire Supreme Court, Concord - the state's only appellate court
  • New Hampshire Public Defender / assigned counsel for indigent defendants
  • Statewide court information line: 1-855-212-1234

Penalties & Deadlines

  • Class A felony: up to 15 years prison + $4,000 fine
  • Class B felony: up to 7 years prison + $4,000 fine
  • Class A misdemeanor: up to 1 year jail + $2,000 fine
  • Class B misdemeanor: no jail, fine up to $1,200
  • Firearm felony (RSA 651:2, II-g): up to 20 years
  • Annulment waits: 3 yrs (Class A misd.), 5 yrs (Class B felony), 10 yrs (Class A felony)

In New Hampshire, you can stand your ground, but the line is razor-thin

Many states make you retreat before using force. New Hampshire does not. Since a 2011 amendment to RSA 627:4, if you are anywhere you have a legal right to be and you were not the initial aggressor, you have no duty to retreat before using deadly force against what you reasonably believe is an imminent threat of deadly force. New Hampshire also has a Castle Doctrine protecting you in your own home and curtilage. But 'reasonably believe' and 'initial aggressor' are where cases are won and lost, and prosecutors will scrutinize who started it, whether the threat was truly deadly, and whether your fear was reasonable. A self-defense claim is a legal argument, not a magic word. Before you describe what happened to anyone, get free information on how RSA 627 actually applies to your facts: call 1-844-690-0555.


Likely outcomes & penalties

Outcomes in New Hampshire depend on the charge class, your record, and the facts, but these ranges show the real stakes and why early defense work matters.
Class B misdemeanor
No jail by law, fine up to $1,200. Often the target outcome when a defense lawyer negotiates a Class A misdemeanor down (RSA 625:9 allows this where there's no violence).
Class A misdemeanor
Up to 1 year in the county house of correction and a $2,000 fine, but many first-time cases resolve with probation, conditional discharge, or no incarceration.
Class B / Class A felony
Class B: up to 7 years in state prison and a $4,000 fine. Class A: up to 15 years and a $4,000 fine. Probation or a suspended sentence is possible depending on the offense and history.
Enhanced sentences
A firearm felony can reach 20 years (RSA 651:2, II-g); the extended-term statute (RSA 651:6) can mean a 10-to-30-year sentence for qualifying repeat or serious felonies.

Mistakes to avoid

⚠️
Talking to police or detectives 'to clear it up' without a lawyer, your words become the strongest evidence against you, and the jail phone is recorded.
⚠️
Consenting to a search of your phone, car or home when you could have said no and made the State get a warrant.
⚠️
Treating a felony's first District Division appearance as the 'real' hearing, it's only the probable-cause stage; the felony then goes to Superior Court.
⚠️
Assuming 'self-defense' ends the matter under RSA 627 without realizing the State will dispute whether you were the initial aggressor or your fear was reasonable.
⚠️
Missing an arraignment date or breaking a bail condition under RSA 597, which can trigger a fresh charge and pre-trial detention.
⚠️
Pleading to a Class A misdemeanor when a Class B (no jail, easier to annul later) was negotiable, then learning years later it blocks a job or housing.

How it works

1
Call the free hotline. Dial 1-844-690-0555, any time of day or night. It's free, there's no income test and no web form. You'll reach an AI legal assistant trained on New Hampshire and federal law, available in your language including Spanish.
2
Get clear information on your charge. Describe what happened. The assistant explains your charge class under RSA 625:9, the likely court and process, your exposure, and your immediate next steps, in plain English. This is legal information, not legal advice, and it creates no attorney-client relationship.
3
Connect with a NH attorney if you want one. If your situation needs a lawyer, we can help you book a paid consultation with a New Hampshire-licensed criminal defense attorney. The call is the starting point, no obligation, no pressure.

Free & low-cost Criminal Defense help in New Hampshire

Legal Hotline is not a law firm and not a public defender, and the call gives information, not advice. If you need ongoing representation or free legal help, these genuine New Hampshire resources can assist, and you can call 1-844-690-0555 any time to understand your options first.

The primary provider of court-appointed defense for people who can't afford a lawyer in criminal cases statewide. If you're charged and indigent, ask the court to appoint counsel at your first appearance; the public defender or assigned counsel takes it from there.
Official state court portal with criminal case-type guides, court forms, Court Service Centers and a legal-assistance directory for self-represented people. Statewide court information line: 1-855-212-1234.
The New Hampshire Bar Association's official referral program, which matches you with a licensed NH attorney. Most referrals carry a $25 fee that includes an initial consultation of up to 30 minutes. Call 603-229-0002.
Reduced-fee program for people who earn too much for free aid but can't afford full fees (roughly 150-325% of the federal poverty level), referred to a panel attorney willing to work at a reduced rate. Call 603-715-3290.
Free telephone legal advice from volunteer attorneys on the second Wednesday of each month, 6-8 p.m. Reach the NH Bar Association at 800-868-1212. Useful for general questions, but only once a month.
Statewide network of crisis centers with legal resources and help obtaining protective orders, important if your criminal case overlaps with a domestic violence allegation under RSA 173-B.
Statewide centralized intake for free civil legal help (note: civil, not criminal). Useful for the civil fallout of a charge, housing, benefits, family matters. Call 1-800-639-5290 or 603-224-3333, Mon-Wed 9:00 a.m.-12:30 p.m.

FAQ — Criminal Defense in New Hampshire

What's the difference between a felony and a misdemeanor in New Hampshire?

Under RSA 625:9, a misdemeanor caps at 1 year in the county house of correction (Class A) or no jail at all (Class B), while a felony means state prison, up to 7 years for a Class B and up to 15 years for a Class A. Felonies also carry a far heavier record. Which side of the line your charge falls on, and whether it can be reduced, is exactly the kind of thing to check before you talk to anyone. Call 1-844-690-0555 for free information.

I was arrested in New Hampshire. What should I do right now?

Say 'I'm invoking my right to remain silent and I want a lawyer,' then stop talking, including on the recorded jail phone. Don't consent to any search. Follow any bail conditions and court dates exactly. Then call 1-844-690-0555 for free, plain-English information on your specific charge before you make any statement. It's information, not advice, and creates no attorney-client relationship.

Do I have to retreat before defending myself in New Hampshire?

No. Since the 2011 amendment to RSA 627:4, if you're somewhere you have a legal right to be and you weren't the initial aggressor, you have no duty to retreat before meeting a reasonably perceived imminent deadly threat with force. But the State can still dispute who started it and whether your fear was reasonable, so self-defense is an argument, not an automatic shield. Get free information on how RSA 627 applies to your facts at 1-844-690-0555.

How does bail work in New Hampshire, and can I be held without it?

Bail is governed by RSA 597, and New Hampshire tightened its bail rules in 2025 for serious and violent offenses, with prompt judicial review of detention. You can be held if a judge finds you a danger or a flight risk, and you have a right to a swift detention hearing. What you say and the conditions you accept at that first appearance matter a lot. Call 1-844-690-0555 to understand your options before that hearing.

Will I get a public defender, or do I need to hire a lawyer?

If you can't afford an attorney, ask the court to appoint one at your first appearance, the New Hampshire Public Defender or assigned counsel handles indigent criminal cases statewide. If you don't qualify or want your own lawyer, that's a separate paid step. Not sure which path fits? Call 1-844-690-0555 for free information first, then we can help you book a paid consultation with a NH attorney if you want one.

Can I get a criminal record annulled (sealed) in New Hampshire?

Often yes, through annulment under RSA 651:5. The waiting period runs from when you finish every part of your sentence: about 1 year for a violation, 2 years for a Class B misdemeanor, 3 years for a Class A misdemeanor, 5 years for a Class B felony and 10 years for a Class A felony. Violent crimes and extended-term sentences generally can't be annulled. To find out if you may qualify, call 1-844-690-0555 for free information.

What court will my New Hampshire criminal case be in?

Misdemeanors and violations stay in the Circuit Court, District Division. Felonies begin there for a probable-cause hearing, then 'bind over' to the Superior Court, the only New Hampshire court that holds jury trials. Appeals go to the New Hampshire Supreme Court in Concord. The statewide court line is 1-855-212-1234. To understand what happens at your specific court date, call 1-844-690-0555.

Could my sentence be longer because of my record or a gun?

Yes. Under RSA 651:2, II-g, a felony committed with a firearm used as a deadly weapon can carry up to 20 years. And under the extended-term statute, RSA 651:6, prior felony convictions and prison terms can push a felony to a 10-to-30-year sentence. These enhancements can change everything, so get them assessed early by calling 1-844-690-0555 for free information.

Is a 'violation' the same as a crime in New Hampshire?

No. Under RSA 625:9 a violation is not a crime, carries no jail, and doesn't create a criminal record or the legal disabilities a conviction brings. That's why negotiating a charge down to a violation, where the facts allow it, can be a huge win. Whether that's realistic in your case depends on the specifics. Call 1-844-690-0555 for free information on your charge.

The police want to 'just ask a few questions.' Should I?

Not without a lawyer. There is no such thing as a harmless chat with detectives, anything you say can be used against you, and friendly framing is a technique. Politely decline, ask for a lawyer, and stop. This is one of the most common ways New Hampshire cases are lost before they begin. Before you agree to any interview, call 1-844-690-0555 for free information about your rights.

Does Legal Hotline cover drunk-driving charges?

DWI in New Hampshire (RSA 265-A) has its own rules, including administrative license suspension through the DMV that runs on a separate, very short clock, so it has its own dedicated page. If you're facing a DWI, call 1-844-690-0555 right away for free information, because the license deadline can pass before your first court date.

Is calling the hotline confidential, and does it cost anything?

The call is free, available 24/7, with no income test and no web form, and you can speak in your language including Spanish. It provides legal information, not legal advice, and it creates no attorney-client relationship, Legal Hotline is not a law firm and not a public defender. If you decide you want representation, we can help you book a paid consultation with a New Hampshire-licensed attorney. Call 1-844-690-0555.


Are you a New Hampshire criminal defense attorney?

We connect frightened, ready-to-act people across New Hampshire with licensed local defense counsel, every day. If you're a New Hampshire-licensed criminal defense attorney and want to receive vetted client referrals from Manchester, Nashua, Concord and across the state, join our network. It's a simple way to grow your practice while helping people who genuinely need it. Reach out to learn how it works.

For Attorneys →

Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Charged in New Hampshire? Every hour counts. Call now.

The earliest decisions, what you say, what you sign, what you consent to, shape the whole case. Get free, plain-English information on your New Hampshire charge any time, day or night, with no income test and no web form. It's legal information, not legal advice, and it creates no attorney-client relationship, but it can keep you from making the mistakes that cost people their cases. Call 1-844-690-0555 right now.

Free legal information. Not legal advice.

Criminal Defense in other states

Home Call Book